It’s time to ban traffic cameras in Iowa

I strongly support the Iowa General Assembly's projected passage of law banning the use of automated traffic enforcement ('ATE”) cameras because their use violates important constitutional principles. For disclosure, I am lead petitioner in the first class action lawsuit filed against the City of Cedar Rapids for what I and fellow plaintiffs contest to be inequitable application. While we have not yet exhausted judicial view, I am convinced that elected representatives serving Iowans statewide will end ATE practices when given the opportunity in January.

Reasons associated with opposition to automated traffic enforcement include mutual assurance, based on empirical facts, that: (1) the use of ATE technologies do not increase public safety (as evidenced by continual increase vs. reduction in citations issued); (2) devices are poorly located (as they are not sited where prone to propensity of accident occurrence based on number in relation to volume); (3) there is conflict of interest between those who impose fines and those who benefit from monetary collection (with police pension being the primary beneficiary of funds received from violation payments); and (4) basic doctrine of fairness is not present within administrative processes created for enforcement.

Regardless of any debate concerning these assertions, there is one point upon which everyone agrees. ATE enforcement is inequitable because it is based on rear-end license plate identification. This is because only rear-facing license plates are recorded by traffic cameras to issue citations. As a result, hundreds of thousands of vehicle owners are exempted from prosecution.

As just one example, as I initially revealed, it has been verified and reported that semi-trucks (as well as other vehicles within their fleet) are legally issued only one license plate, and that single plate must be mounted on the front of the vehicle, not the rear. As such, a semi-cab will never be issued a moving violation by traffic camera ... never. Factually, if a driver wants to avoid ATE detection, all they need to do is simply install a bike rack that obscures ability to record rear-facing registration.

This inequity goes against the very essence of our State Constitution which, under Section 6, Article I states, 'All laws of a general nature shall have a uniform operation; the general assembly shall not grant to any citizen, or class of citizens, privileges or immunities, which, upon the same terms shall not equally belong to all citizens.”

Clearly, by not subjecting all vehicles to the recordation of appropriate license plate to cite violation, and thereby granting non-uniform privileges and immunities to different classes of citizens, the use of traffic cameras does not comply with this standard of law.

As such, elected officials in the State House and Senate are entirely within their right to pass legislation which will ban traffic camera usage within Iowa, as is the Governor to rightfully sign into law. Such specific constitutional requisite for equal treatment prevails over the argument that Home Rule should otherwise allow local discretion.

To not ban traffic cameras, or otherwise legislate equitable application, would be a contravention of every legislators' oath of office, whereby each affirms that they will support the Constitution of the State equally.

' Gary Hughes, of Marion, is a grant administrator with the East Central Iowa Council of Governments and was previously employed by the City of Cedar Rapids as Urban Planner.